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Plm lecture

  1. 1. PROCEDURE OF THE DEPARTMENT OF EDUCATION IN ADMINISTRATIVE CASES ADMINISTRATIVE DISCIPLINE : BASIC PRINCIPLE “ Administrative discipline is the mechanism by which public servants are either recognized or made answerable for omissions or acts committed while in office, in relation to laws rules, regulations and public policy, prescribing their duties and responsibilities: Provided due process of law and the protection of the rights of security of tenure are made paramount in the pursuit of any disciplinary action”.
  2. 2. Constitutional and Legal Basis for Administrative and Legal Basis for Administrative Discipline A. “ No officer or employee in the Civil Service shall be removed or suspended except for cause as provided by law.” ( Art. IX B, Sec. 2, 1987 Constitution) B. “Public office is a public trust. Public officers and employees must at all times be accountable to the people, serve them with utmost responsibility , integrity, loyalty, and efficiency, and act with patriotism and justice and lead modest lives.” (Art. XI, Section 1, 1987 Const.)
  3. 3. <ul><li>ADMINISTRATIVE DISCIPLINE; PURPOSE </li></ul><ul><li>Administrative discipline is aimed at promoting and regulating the conduct of public servants according to accepted norms of responsibility, loyalty, patriotism, justice, efficiency, integrity and morale. </li></ul><ul><li>Administrative discipline is designed to maintain public accountability in the civil service, through established procedures the government ensures that betrayal of the public trust will be substantially diminished, if not totally eradicated. Administrative discipline is not primarily concerned with the infliction of penalty to erring public officers and employees. </li></ul><ul><li>The ultimate objective shall be not the punishment for erring public officials or employees but the preservation of the people’s faith and confidence in the government ( Guidelines in Administrative Discipline, issued by the Merit Systems Protection Board, Civil Service Commission, 1992) </li></ul>
  4. 4. <ul><li>DepED Order No. 49 Series of 2006 </li></ul><ul><li>The Revised Rules of Procedure of the Department of Education in Administrative Cases. </li></ul><ul><li>Section 1 : The Disciplining Authorities in the Department of Education shall be the Secretary and the Regional Directors in their respective regions. The Superintendent of schools shall also be the disciplining authorities for administrative cases against non-teaching personnel. </li></ul><ul><li>For administrative cases against officers and employees of the Department of Education namely, Superintendent, Assistant Superintendent, Regional Directors, Assistant Regional Directors, Assistant Secretaries and Undersecretaries of Education, the Secretary of Education shall have original and exclusive jurisdiction. </li></ul><ul><li>Decisions of the Secretary against Presidential appointees shall be subject to confirmation, disapproval or modification by the President. </li></ul>
  5. 5. <ul><li>Section 2. Grounds for Disciplinary Action- An Administrative complaint may be filed for any of the following grounds for disciplinary action. </li></ul><ul><li>A. Dishonesty : “ Consists of an intentional violation of truth. It must evident that thereis a disposition on the part of respondent to misrepresent or defraud. There must at least be a showing of a deliberate intent to commit falsehood (CSC Resolution No. 94-4794) </li></ul><ul><li>B. Oppression : “ The act of cruelty, severity, unlawful exaction, domination, or excessive use of authority” ( Ochate vs. Ty Deling) Oppression has been defined as an act of cruelty, severity, unlawful exaction, domination or excessive use of authority ( CSC Res. No. 95- 3194) This particular offense usually committed by the superior officer over a subordinate or a public servant over a private citizen. </li></ul>
  6. 6. <ul><li>C. Neglect of duty : “When Public servant, by his lack of foresight or by deliberate refusal without any reasonable excuse, fails to perform an act inherent to his appointed position or lawful designation.” </li></ul><ul><li>D. Misconduct: “ It is a wrongful act of a public servant which is contrary to law, order, public policy, rule or regulation committed while in office, which is injurious to image of the public service. Although an individual might be found guilty of dishonesty in connection with a spurious </li></ul><ul><li>civil service rating he may be found guilty of just simple misconduct if such eligibility is not material to his appointment ( CSC Resolution, dated Dec. 3, 1998) </li></ul><ul><li>E. Disgraceful and immoral conduct : It is usually refers to the illicit sexual relationship which is contrary to to public morals, between two individuals not married to each other, where at least one is in the government service. One found guilty of adultery may also be administratively charge for this offense. </li></ul>
  7. 7. <ul><li>E. Being notoriously undesirable : When a public servant is known to be constantly and flagrant violating existing rules and regulations and which acts are known to and looked upon with disfavor by the community. </li></ul><ul><li>F. Discourtesy in the course of official duties: </li></ul><ul><li>G. Inefficiency and Incompetence in the performance of official duties: When s public servant has constantly shown his inability to efficiently perform his duties and responsibilities, with a common performance standards set by civil service law and rules or by agreement with his immediate superior or head of office, the functions of his position. </li></ul><ul><li>H. Receiving for personal use of fee, gift or other valuable thing in the course of official duties or in connection therewith when such fee, gift or other valuable thing is given by any person in the hope of </li></ul>
  8. 8. <ul><li>expectation of receiving a favor or better treatment than that accorded other persons or committing acts punishable under anti-graft laws: A public servant is not supposed to demand directly or indirectly any gift, favor or reward from the public before he delivers the service he is expected to give or for any official act he has performed., </li></ul>